Unauthorised Encampments

Richard Graham Excerpts

Wednesday 8th September 2010 Westminster Hall

[Damian Hinds (East Hampshire) (Con)]

The debate title given in the Order Paper is “Unauthorised encampments and development in the countryside”; when that topic comes up, it is often accompanied by the words “Gypsies” and “Travellers”. When seeking this debate, however, I deliberately omitted reference to any community or tradition. I did so for the simple reason that most Gypsies and Travellers are not engaged in unauthorised development. What we are talking about today would be just as problematic for any community.

The vast majority of Gypsies and Travellers are entirely law-abiding. Four fifths of caravan pitchings are in authorised locations, and many more among these communities live in bricks-and-mortar homes. We are therefore talking about a small segment. We should acknowledge up front that Gipsy and Traveller communities face particular problems. In health and education, they are among the most disadvantaged groups—their life expectancy is 10 years less than the national average and their attainment at GCSE is less than half the national average. As politicians, we have to rise more fully to those challenges, to ensure good life chances for all. Without doubt, the provision of decent sites in workable locations is an important part of that; so, too, is mutual understanding with others in the community, to ensure that everyone is on board.

As I said, most Gypsies and Travellers are entirely law-abiding, but the small segment who are not—those who occupy land illegally or make unauthorised developments to land that they own—can sour relations with local communities. That, in turn, can make it harder to secure the improvements in life chances and outcomes that we all want to see.

Problems that arise can be roughly categorised under one of three headings: first, trespass and occupation of public land by Gypsies and Travellers; secondly, their trespass and occupation of private land; and thirdly, unauthorised development on land owned by them. That last category has seen big growth in recent years and is the source of the greatest problems in my constituency of East Hampshire—and, I dare say, in many other constituencies.

Since 2004, there has been a national increase of more than two thirds in the number of Gypsy or Traveller caravans stationed on unauthorised sites owned by Gypsies or Travellers. I note in passing that that increase occurred at the same time as a large increase—indeed, in absolute terms a much larger increase—in the number of authorised sites.

This is a typical scenario. Someone buys a field from a farmer to keep horses, for example; after a while, an electric line and water supply are installed in connection with the keeping of the animals; then, over a weekend or a bank holiday, one or two caravans or mobile homes arrive, along with the heavy machinery needed for laying a hard surface and other works. A retrospective planning application is then made. It often turns out that the field in question is located on the edge of a settlement in what the planners define as a sustainable location. Temporary permission may be given, and so a cycle begins.

It is said by some that local authorities have only themselves to blame because they do not make adequate provision for sites within their borders—even if, for example, a site is available just outside the boundary. The assumption may be that one new authorised site will mean one unauthorised site less, but that will not always be so. Nevertheless, I repeat that I support provision of good authorised sites, and I welcome the Government’s inclusion of Traveller sites in the new home bonus scheme; I hope and trust that that will result in more sites.

Hon. Members may have read in the press about the village of Ropley in my constituency. The local community woke up to find that a Traveller site had been developed overnight. It was not the first in the area. The villagers knew that the matter could lead to months or years of appeals and uncertainty. So little faith did they have that the matter would be resolved that they clubbed together through voluntary subscription to buy the site at a substantial premium over what it had changed hands for previously.

If a small village community feels compelled to find a six-figure sum because they simply have no faith in the fairness of the legal and planning systems, there is clearly something wrong with the system. We need to find new ways to deal with the problems of unauthorised development and encampments in which the whole community can have confidence. People want fairness; they want to see the same rules applying to all.

[Richard Graham (Gloucester) (Con)]

I am grateful to my hon. Friend for giving way. I entirely support his proposals, and I congratulate him on securing the debate. Does he agree that, in trying to rebalance things to recognise the human rights of those who live next to Travellers’ unauthorised sites, we should give greater recognition to those already living in the location, tipping the balance away from what was proposed by the previous Government? They appeared to favour greater human rights for those who illegally occupy sites, such as the three that have been occupied in Gloucester during the last 12 months. They are all public sites and the most recent is on school land.

[Damian Hinds]

I thank my hon. Friend for that intervention. What he says goes to the heart of the issue. I believe that people want to see not so much a tipping of the balance towards or away from one group or another; they want to see the same rules applying to everyone. That is what underpins the compact of a cohesive society.

Some steps are already being taken. I welcome the announcement made by the Department for Communities and Local Government on 29 August, which revokes flawed Whitehall planning circulars. It gives new incentives to provide sites, which is important, and it gives stronger tenancy rights to Gypsies and Travellers on official council sites. The Secretary of State said in the same announcement that he was looking for new ways to empower local authorities to deal with rogue developments. I wish to suggest one, and I would be interested to hear the Minister’s opinion of it.

I understand that there is a role for retrospective planning applications, but it must be possible to construct a set of principles that allows for genuine mistakes yet excludes the wilful abuse of the system to create wholly new dwelling places. That would not solve every problem, but it would go some way to restoring public confidence in the system, which has become badly discredited. I hope that the Minister and his colleagues will consider the idea.

I conclude where I started, by stressing that we are talking about the actions of a small segment of the Gypsy and Traveller community. We need fairness and equality before the law. I am confident that that would aid rather than impair community cohesion and mutual understanding, with further improvement of the conditions and outcomes for members of the Gypsy and Traveller communities. I know that many hon. Members wish to speak, so I shall stop there. I look forward to hearing their contributions.